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I am seeking advice on how to seal remove an order of

Customer Question
I am seeking advice...

I am seeking advice on how to seal remove an order of Protection. Stalking in Gwinnett County GA. The charge was dismissed yet I am worried that it may show up in a background check

Lawyer's Assistant: Do you have any upcoming court dates on the stalking charges?

No its been dismissed

Lawyer's Assistant: Have you talked to a Georgia lawyer about this yet?

No i believe I should be able to do this on my own

Submitted: 24 days ago.Category: Criminal Law
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Answered in 16 minutes by:
5/27/2018
Criminal Lawyer: Nate, Lawyer replied 24 days ago
Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10,724
Experience: Over 10 years of criminal defense practice.
Verified

Thank you for your question.

In order to seal the record, you need to file a motion with the court.

The process to seal the records of the court is as follows:

  1. Get a certified copy of the final disposition in your case from the clerk of court where your case was handled.
  2. Prepare the motion. A sample motion is included in these instructions.
  3. Sign and date the motion.
  4. Indicate the case number ***** to the criminal case.
  5. Attach the final disposition and any other required documentation. (NOTE: Do not attach a copy of your criminal history.)
  6. Attach any additional documentation showing that the presence of the record on your GCIC criminal history record is causing you harm (such as letters of employment or housing denials based on your background).
  7. Make three copies of your original documents.
  8. File the Motion and Draft Order in the criminal division of the clerk of court that handled the case. There should not be a filing fee. (NOTE: If the case was a felony, you should file the motion in the superior court. If the case was a misdemeanor, the motion should be filed in the state court.)
  9. Deliver or send a copy of your Motion and Draft Order to the office of the prosecuting attorney in the original case and the clerk of court.
  10. If you requested a hearing, the judge will hear testimony about whether record restriction is appropriate in your case.
  11. If the judge finds that restriction is appropriate, he or she will sign the order. It must be filed with the clerk of the court that handled the case.
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